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MINUTES OF PROCEEDINGS
 
Meeting No. 67
 
Tuesday, May 5, 2015
 

The Standing Committee on Public Safety and National Security met at 8:45 a.m. this day, in Room 253-D, Centre Block, the Chair, Daryl Kramp, presiding.

 

Members of the Committee present: Rosane Doré Lefebvre, Hon. Wayne Easter, Ted Falk, Randall Garrison, Roxanne James, Daryl Kramp, LaVar Payne and Jean Rousseau.

 

Acting Members present: Bryan Hayes for Hon. Diane Ablonczy and Ryan Leef for Rick Norlock.

 

Associate Members present: Garry Breitkreuz.

 

In attendance: Library of Parliament: Tanya Dupuis, Analyst; Christine Morris, Analyst. House of Commons: Justin Vaive, Legislative Clerk.

 

Witnesses: Department of Public Safety and Emergency Preparedness: Lyndon Murdock, Director, Firearms and Operational Policing Policy; Robert Abramowitz, Counsel, Legal Services. Department of Justice: Julie Besner, Acting Senior Counsel, Criminal Law Policy Section.

 
Pursuant to the Order of Reference of Monday, April 20, 2015, the Committee resumed consideration of Bill C-42, An Act to amend the Firearms Act and the Criminal Code and to make a related amendment and a consequential amendment to other Acts.
 

The witnesses answered questions.

 

The Committee commenced its clause-by-clause study of the Bill.

 

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

 

Clause 2 carried by a show of hands: YEAS: 5; NAYS: 4.

 

Clause 3 carried on division.

 

On Clause 4,

Randall Garrison moved, — That Bill C-42, in Clause 4, be amended by deleting lines 8 to 24 on page 2.

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 4 carried on division.

 

Clause 5 carried on division.

 

On Clause 6,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-42, in Clause 6, be amended by deleting line 24 on page 4 to line 28 on page 5.

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 
Wayne Easter moved, — That Bill C-42, in Clause 6, be amended by adding after line 43 on page 4 the following:

“(f) to a port of exit in another province in order to take them outside Canada, and from a port of entry in another province, if there is no port of exit or port of entry in the individual's province of residence.”

 

After debate, the question was put on the amendment of Wayne Easter and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 6 carried on division.

 

By unanimous consent, Clauses 7 to 9 inclusive carried on division severally.

 

On Clause 10,

Roxanne James moved, — That Bill C-42, in Clause 10, be amended by replacing line 6 on page 6 with the following:

“following in numerical order:”

 

After debate, the question was put on the amendment of Roxanne James and it was agreed to.

 

Clause 10, as amended, carried on division.

 

Clause 11 carried.

 

On Clause 12,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-42, in Clause 12, be amended by deleting lines 28 to 33 on page 6.

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 12 carried on division.

 

On Clause 13,

Pursuant to the order adopted by the Committee on Tuesday, October 29, 2013, the following amendment, submitted by Elizabeth May for the consideration of the Committee, was deemed moved:

That Bill C-42, in Clause 13, be amended by deleting lines 8 to 12 on page 7.

After debate, the question was put on the amendment and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 13 carried on division.

 

By unanimous consent, Clauses 14 to 17 inclusive carried on division severally.

 

On Clause 18,

Randall Garrison moved, — That Bill C-42, in Clause 18, be amended by deleting lines 26 and 27 on page 8.

 

After debate, the question was put on the amendment of Randall Garrison and it was negatived, by a show of hands: YEAS: 4; NAYS: 5.

 

Clause 18 carried on division.

 

By unanimous consent, Clauses 19 to 33 inclusive carried on division severally.

 

On Clause 34,

Wayne Easter moved, — That Bill C-42, in Clause 34, be amended by adding after line 2 on page 15 the following:

“(2.1) The Governor in Council shall not, without the recommendation of the Commissioner of Firearms, make regulations under paragraph (b) of the definition “non-restricted firearm” or paragraph (d) of the definition “restricted firearm” in subsection 84(1).”

 

RULING BY THE CHAIR

The amendment envisions a role for the Commissioner of Firearms in the regulation-making process, introducing a new concept into the Bill.

As House of Commons Procedure and Practice, Second Edition, states on page 766:

“An amendment to a bill that was referred to committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In the opinion of the Chair this amendment goes beyond the scope of the Bill. Therefore I rule the amendment inadmissible.

 

By unanimous consent, Clauses 35 to 38 inclusive carried on division severally.

 

Clause 1, Short Title, carried.

 

The Title carried.

 

After debate, the Bill, as amended, carried, by a show of hands: YEAS: 5; NAYS: 4.

 

ORDERED, — That the Chair report the Bill, as amended, to the House.

 

ORDERED, — That Bill C-42, as amended, be reprinted for the use of the House at report stage.

 

At 9:30 a.m., the Chair dismissed the witnesses.

 

At 9:33 a.m., the sitting was suspended.

At 9:37 a.m., the sitting resumed.

 

Wayne Easter moved, — That the standing committee on Public Safety invite on an urgent basis the Auditor General of Canada to discuss Report 6 Preparing Male Offenders for Release - Correctional Service Canada. This invitation should follow immediately upon the conclusion of the committee's examination of Bill C-42.

 

After debate, the question was put on the motion and it was negatived on the following recorded division: YEAS: Rosane Doré Lefebvre, Wayne Easter, Randall Garrison, Jean Rousseau — 4; NAYS: Ted Falk, Bryan Hayes, Roxanne James, Ryan Leef, LaVar Payne — 5.

 

It was agreed, — That Committee Business be taken up at the next meeting of the Committee.

 

At 10:45 a.m., the Committee adjourned to the call of the Chair.

 



Leif-Erik Aune
Clerk of the Committee

 
 
2015/05/06 11:52 a.m.